SLIDE 1
Getting Paid: How to Create and Enforce Commercial Agreements
by Christopher A. Schuld EYFORD MACAULAY SHAW & PADMANABHAN LLP November 23, 2016
Overview
- A. Introduction
B.
Creating the right agreement
C.
Getting Paid: How to Create and Enforce Commercial Agreements by - - PowerPoint PPT Presentation
Getting Paid: How to Create and Enforce Commercial Agreements by - - PowerPoint PPT Presentation
Getting Paid: How to Create and Enforce Commercial Agreements by Christopher A. Schuld E YFORD M ACAULAY S HAW & P ADMANABHAN LLP November 23, 2016 Overview A. Introduction Creating the right agreement B. Enforcing your agreement C.
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SLIDE 3
The Difference Between McDonald’s and Earl’s
1.
We are constantly entering and performing contracts
2.
Napkins & handshakes vs. due diligence in data rooms
3.
Security
4.
Custom
SLIDE 4
The Breach
1.
Ask
2.
Insist
3.
Escalate
SLIDE 5
Who Ya Gonna Call?
1.
Collection agencies
2.
Lawyer shopping
3.
The psychological powers of letterhead
4.
DIY
- under contract
- user-friendly court registries
SLIDE 6
Strategies Other Than Lawsuits
1.
Revisiting the good old days when you shook hands and made a contract
2.
Mandatory ADR procedures
3.
Agreeing to ADR
SLIDE 7
But While We Are At It…
1.
The clock is ticking
2.
Small Claims vs. Supreme Court
3.
Dollar thresholds
4.
Mandatory procedures
5.
Practical logistics
SLIDE 8
Litigation Overview
1.
Pleadings
2.
Document production
3.
Examination for discovery
4.
Summary trials
5.
Trials
SLIDE 9
Tricks of the Trade
1.
Real property – liens and CPLs
2.
Registry law – default applications
3.
Injunctions and extraordinary orders
4.
Garnishing orders
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WE WON!....a piece of paper with a court stamp
1.
LTO registrations
2.
Post-judgment garnishment
3.
Examination in aid of execution
4.
Payment hearings
SLIDE 11
Conclusion: The Cost Benefit Analysis
1.
KYC
2.
Front end protection vs. getting blood from a stone
3.
Holding security – the differences between land, money and chattels (better known as “stuff”)
4.
Beware your principles
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